Tag: fy 2017

Finally, a CBP cash seizure press release from my own home port of Detroit that happened at Detroit Metropolitan Airport, which is just a few miles down the road from our office. This one involves a U.S. citizen returning from China with his wife; together, the couple was found to be transporting more than $10,000 cash through Customs…. about $50,000 more, actually.

Here’s the full story from Detroit CBP:

DETROIT— On November 28, 2016, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Detroit Metropolitan Airport seized $59,451 in U.S. currency from a United States citizen after he failed to report the currency to CBP officers. The traveler is a member of the Global Entry trusted traveler program.

The male traveler and his wife arrived in Detroit on a flight from Beijing, China. He initially denied carrying $10,000 or more in U.S. currency or its equivalent in foreign currency. CBP Officers questioned the traveler as he and his wife attempted to exit the federal inspection area separately 13 minutes apart. Further inspection led to the discovery of $59,451 divided between the two.

“You must report to CBP that you are carrying $10,000 or more in U.S. dollars or equivalent foreign currency or other monetary instruments when you travel into or out of the United States, especially if you are a member of Global Entry.” said Devin Chamberlain, CBP Detroit (Airport) Port Director. “There is no limit as to how much currency travelers can import or export. However, the law requires travelers to report when they carry at least $10,000 in monetary instruments. Violators may face criminal prosecution and forfeiture of the undisclosed funds.”

Had cash seized at Detroit Metro Airport by CBP?

If you’re like the people in this story and have suffered a cash seizure by U.S. Customs & Border Protection (CBP) at Detroit Metro Airport, you’re in need of a lawyer to help you get your money back and potentially avoid criminal prosecution or inquiry. Every case is different and nuances, exceptions and interpretations are almost always present making each case unique and challenging. Many people need help even understanding the election of proceedings form that is included with the notice of seizure.

Please make use of our customs currency seizure legal guide, but remember to also take advantage of our free currency seizure consultation by contacting us today by clicking on the contact button!

In this case, the seizure of cash happened when U.S. Customs & Border Protection offciers were examining cargo containers and discovered some anomalies (presumably when imaging) a 55 gallon drum. The cash was destined for the Dominican Republic, as below:

SAN JUAN, Puerto Rico – U.S. Customs and Border Protection (CBP) officers from the Anti-Terrorism Contraband Enforcement Team (A-TCET) seized approximately $29,000 in unreported currency in an outbound enforcement action at the San Juan Seaport.

The interception occurred Oct. 21 while CBP officers were examining cargo containers at a CBP facility. CBP officers conducted an intensive secondary examination of a container and discovered anomalies on a 55 gallon storage drum. Further examination revealed the hidden currency. The container was destined to the Dominican Republic.

This is interesting because it again demonstrates that the currency reporting law applies equally to the U.S. territory of Puerto Rico.

Have you had cash seized by CBP in Puerto Rico?

If CBP seized your cash in Puerto Rico, you need a lawyer. That’s what we do. Read our trusted customs money seizure legal guide and can contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

It is now my opinion that Dulles CBP is vying to be first in currency seizures in the nation. That is a distinction held by Detroit CBP in the 2015 fiscal year. That year, the seized cash from over 500 people.

My opinion about Dulles is based on the most recent of manystoriesaboutDullesCBP seizing cash from unwitting (and sometimes witting..) travelers at Dulles airport in Sterling, Virginia, since only September.

This story, like those, involves a failure to report cash to Customs; in this case, though, the person involved reported $40,000 – way more than than the $10,000 – and he actually possessed slightly more than $52,000. Now, it’s still illegal to underreport cash even when you do report more than $10,000. In other words, no matter how much you carry and how much you report, the report of cash to Customs still has to be ACCURATE. Being off by $12,000 is not accuracy.

But, the story is unique in that many people will report to Customs that they are carrying $9,990, or $9,800, or $9,700, when they are really carrying more than $10,000. They think that as long as they report some number less than $10,000, they will not be scrutinized. They’re wrong.

This man, however, reported $40,000. That seems like good faith to me, and my guess is he probably did not know exactly how much he had with him (yes, it happens), and he gave it his best guess, never expecting to be held to such a strict account by U.S. Customs & Border Protection.

STERLING, Va. — U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO), at Washington Dulles International Airport seized over $52,000 from a Ghana-bound U.S. citizen on Thursday for violating federal currency reporting regulations.

There is no limit to how much currency travelers can import or export; however, federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

During an outbound inspection, the man declared, both verbally and in writing, to CBP officers that he possessed $40,000; however, CBP officers discovered a total of $52,156 on his person and in his luggage. The officers seized the $52,156 and advised him how to petition for the return of the currency. The traveler was then released to continue his journey.

Has Dulles CBP seized your cash?

If Dulles CBP seized your cash you need a lawyer. That’s what we do. Read our trusted customs money seizure legal guide and can contact our customs lawyer for a free cash seizure consultation by clicking the contact buttons on this page.

Another week, another cash seizure at Dulles airport by U.S. Customs & Border Protection. They are really racking of the seizures — and talk about it, a lot — this year.

The meat of the story says:

The woman arrived from Peru via Colombia shortly before 4 p.m. Tuesday. During a secondary examination, the woman initially reported that she possessed $3,000, and then changed that amount to $5,000. CBP officers discovered $15,870 in U.S. dollars, and additional Peruvian Sol equivalent to $1,189 U.S. dollars for a total of $17,059 in her purse.

The untruthful report to CBP makes it this currency seizure completely legal under the federal currency reporting regulations, which penalize any failure to report cash to U.S. Customs & Border Protection. But not only did she have her cash seized, but:

U.S. Customs and Border Protection (CBP) officers seized more than $17,000, a fraudulent permanent resident identity card and a fraudulent social security card from a 54-year-old woman at Washington Dulles International Airport on Tuesday.

But, the story goes on to say that “authorities declined criminally prosecuting the woman.” At the time currency is seized, the seizing officers (or Homeland Security Investigations, I suppose…) are required to contact the U.S. Attorney’s office and advise them of the incident to determine whether to prosecute the case criminally and arrest the individual involved in the currency reporting violations.

However, CBP did “remove[] her from the United States for possessing fraudulent U.S. identity documents and barred her from re-entering the U.S. for five years.” Ooops!

Have you had cash seized at Dulles airport by Customs?

If you had cash seized at Dulles airport by Customs, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

DALLAS — U.S. Customs and Border Protection officers at the Dallas/Fort Worth International Airport intercepted 37 counterfeit $100 dollar bills that were being transported by an Argentinean woman.

The passenger was attempting to make entry to the United States as a tourist and in her possession were the $100 dollars bills wrapped in cellophane.

Early Monday morning, an Argentinean female passenger arrived at DFW seeking entry as a tourist with her final destination salted [sic] for Salt Lake City, Utah. Upon her arrival, CBP officers selected the passenger for a secondary inspection. During a secondary inspection of her belongings, a stack of $100 dollar bills was found wrapped in cellophane. When unwrapped, the bills produced a strong, uncommon, chemical odor. At first glance the currency appeared legitimate however, a closer look revealed the absence of fine-line detail and intaglio printing, printing technics [sic] associated with U.S. currency.

“This interception of counterfeit currency, that would have made its way into the U.S. commerce, is indicative of the commitment and attention to detail our officers pay on a daily basis,” said O’Ruill McCanlas, Acting Area Port Director, Area Port of Dallas. “Had this currency been introduced into our economy, someone down the line would have unknowingly exchanged this counterfeit money, tried to use it or even gifted it to someone else. We will take every opportunity to intercept this type of transnational criminal activity.”

After further examination of the currency, the 37 $100 dollar bills were seized and turned over to United States Secret Service (USSS).

The passenger was taken into custody by CBP and after further investigation the passenger was processed for Expedited Removal and returned to Argentina.

U.S. Customs & Border Protection uses canines to assist its law enforcement functions. When most people think of police dogs, they think of their use in detecting drugs; but they can also be used to find the presence of unreported cash.

And that is the subject of a recent story from CBP in Dulles airport when they seized nearly $75,000 from two men bound for Serbia (also apparently involved in unlawful cash structuring).

STERLING, Va. — U.S. Customs and Border Protection (CBP) officers seized a total of $73,900 from two Serbia-bound travelers for violating federal currency reporting requirements on Monday at Washington Dulles International Airport.

Neither man was criminally charged. CBP officers released the travelers to continue their journey.

CBP officers initially stopped the first man in the jetway to the airplane and asked how much currency he possessed. The man reported $1,500 verbally and in writing. CBP officers inspected his carry-on baggage and jacket and discovered four envelopes that contained approximately $50,000.

Meanwhile, CBP’s currency detector dog “Nicky” alerted to another passenger, who then claimed to be the first subject’s son-in-law. The second man reported that he possessed $7,000, but a subsequent inspection discovered two envelopes in his jacket that contained approximately $20,000.

CBP officers verified that the currency totaled $73,900 in U.S. dollars between the two family members.

In this case, the violations of the federal currency reporting laws did not lead to criminal charges, but theoretically they could be charged within 5 years due to the statute of limitations period. But as always, federal currency reporting laws mean that, even when not criminally charged, asset forfeiture of the cash by customs will still occur. In this case, CBP seized almost all of the money. To get it back, these men will have to show that the money has no nexus to illegal activity and, even if they can do that, they will still likely face a loss of at least 50% of the money; CBP’s guidelines for structuring and bulk cash smuggling are far more stringent than their guidelines for a failure to report.

The Loudon Times-Mirror reported on the same story, and added that the dog, Nicky, is a Malinois dog, and that CBP returned $1,500 to the men and released them to continue their trip, which is generally called a “humanitarian release” by CBP.

Have you violated the federal currency reporting regulations?

If you violated the federal currency reporting regulations, you really need a lawyer. Read our trusted customs money seizure legal guide and can contact us for a free cash seizure consultation by clicking the contact buttons on this page.

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The customs law firm represents importers, travelers, and brokers in administrative proceedings before US Customs & Border Protection (USCBP) and at the Court of International Trade and Federal district court.